Groups file lawsuits to stop smoking ban

July 23, 2003

ALBANY, NEW YORK — Two groups announced lawsuits Tuesday challenging the statewide ban on most indoor smoking in public buildings and businesses starting Thursday.

The Empire State Restaurant and Tavern Association filed suit Tuesday and is seeking a temporary injunction. The group wants to delay Thursday's beginning of the state ban on indoor smoking meant to protect the health of patrons and workers from secondhand smoke.

The association argues the state law can't supersede federal law, which governs most workplace safety issues. The group also claims the law is unconstitutional because it is "vague" in its description of a potential but unlikely waiver and even in its definition of a bar.

The NYC CLASH--Citizens Lobbying Against Smoker Harassment--said it would sue on constitutional grounds.

"They obviously discriminate against smokers, as a class," said Audrey Silk, the founder of CLASH that plans to file the suit Wednesday. "The people who smoke seem to have been forgotten, and this lawsuit is a chance for the people to be heard."